Second citizenship and dual citizenship for Russians

On March 27, 2014, during a meeting of the President of Russia with members of the Council of the Chamber of the Federation Council, the head of the Committee of the Upper House of Parliament on Constitutional Legislation, Andrei Klishas, ​​proposed introducing into legislation a rule according to which citizens who have passports of other states must notify the relevant authorities in the Russian Federation about this. President Vladimir Putin proposed that the State Duma and the government consider the senator’s initiative to punish concealment of dual citizenship with correctional labor.

In accordance with the Constitution of Russia, every citizen can freely obtain citizenship of another state. The basic law of the country states that having a passport of another state does not detract from rights, but also does not relieve one from the responsibilities inherent in a citizen of Russia, unless federal law provides for a different procedure.

In the legislation of the Russian Federation there is no difference between the concepts of dual and second citizenship; the term “second citizenship” is not used anywhere in the legislation of the Russian Federation.

But from a legal point of view, it is generally accepted that there is still a difference. The term “dual citizenship” means that a person has passports of two states between which relevant international agreements have been signed.

What is second citizenship?

In accordance with the Federal Law “On Citizenship of the Russian Federation,” second citizenship means that a citizen of the Russian Federation has citizenship of a foreign state.

When a citizen of the Russian Federation acquires citizenship of another state, he does not automatically lose Russian citizenship, but acquires a second citizenship, if he is not required to formally renounce Russian citizenship.

The Russian state on the territory of the Russian Federation considers the holder of two passports (Russian and another) as a citizen of the Russian Federation.

Features of filling out an application

For proper execution, it is recommended to use a sample notification about the presence of a citizen of the Russian Federation of another citizenship (see on this page). The location where it is addressed is indicated. Personal information is provided about yourself. On the right there is a tear-off part, which is given to the applicant, which he must sign. The form for notification of second citizenship is located on the website of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation (Appendices No. 1-5 to Order of the Federal Migration Service of Russia dated July 28, 2014 No. 450). You can download the document in advance and bring it already completed.

For adults

Proper design is of great importance. Errors and omissions in this legal document may be considered improper and may result in a fine. The sample of filling out a notification of dual citizenship in Russia available on this page of the site will help you complete it in compliance with all the rules.

If filling is done by hand, this must be done carefully and slowly. Corrections and crossing outs are not allowed. There should be no abbreviations - there is enough space on the form. Abbreviations are not used.

The address is written in detail, starting with the postal code. If there are questions that do not need to be answered, then “no” or “not available” is written on this line. Column No. 5 is filled in only if the validity period is extended. The document must be signed after it has been thoroughly checked.

For children and disabled citizens

Adults, especially those who have a good command of the Russian language, which is now receiving considerable attention, can easily or with a little help correctly fill out the required document on their own behalf. The situation is different with children under the age of majority (18 years old). The notification form for this category is different (Appendix No. 5 to FMS Order No. 450). The legal representative puts his signature on the reverse side. What remains unchanged is the presence of a tear-off part.

If the baby was born in Russia, then it is necessary to obtain Russian citizenship for the newborn child according to the existing rules. The list of documents for this is not large and the procedure is quite simple. Incapacitated persons are not deprived of the right to obtain dual citizenship. The form is the same as for minor children. The form can be filled out using a power of attorney, officially certified by a notary.

What is dual citizenship?

Dual citizenship means that a person simultaneously has citizenship (nationality if the state is headed not by a president, but by a monarch) of two or more states.

Russia has completely legalized this issue with Turkmenistan and Tajikistan. An agreement was signed between the countries, which determines, in particular, that each party recognizes the right of its citizens to acquire the citizenship of another country without losing their previous citizenship. According to the agreement, the holder of dual citizenship can choose, for example, in which of the two countries he will serve in the army, and children automatically receive documents from both countries at birth.

In relation to other states, although Russians are not prohibited from having a second citizenship and a second passport, holders of two or even several citizenships on the territory of Russia are not considered by the authorities as “dual citizens”.

Where is second citizenship allowed?

List of countries that recognize dual citizenship:

  1. Argentina , but only if the second passport is either Spanish or Italian;
  2. Brazil;
  3. Greece;
  4. Dominican Republic;
  5. Israel;
  6. Spain , in this country, only some countries allow you to have a second passport;
  7. Ireland;
  8. Latvia : retention of previous citizenship upon restoration of citizenship of the Republic of Latvia is allowed for persons who emigrated in the period 1940–1990 and their descendants;
  9. Lithuania , when returning Lithuanian citizenship, persons who lost Lithuanian citizenship before the age of 18 are not required to renounce another citizenship;
  10. Russia , in this country it is not prohibited to have a second citizenship, however, an agreement on dual citizenship has been signed only with Turkmenistan and Tajikistan;
  11. Türkiye;
  12. Chile , agreement only with Spain;
  13. Jamaica.

Who is released

Not all Russians who have acquired citizenship in another country are required to notify the authorities by filing a notification. Persons who permanently reside abroad are exempt from this. Upon returning to your homeland for the purpose of residence, declaring multiple status is not a right, but an obligation. This does not apply to cases where entry is temporary, seeking to resolve personal problems in the short term.

In addition, according to the Federal Law “On Citizenship”, persons who have received this opportunity in a country with which the Russian Federation has concluded an agreement are exempt from the obligation to submit a notification. At the moment, there is only one such state - Tajikistan. Therefore, Russians who have received state affiliation with this country are not required to report this fact.

Where is second citizenship prohibited?

In many countries around the world, obtaining a second citizenship is prohibited by law. Such countries include Germany, Denmark, Norway, Japan, China, India, South Korea, Kazakhstan, Ukraine, etc. In the USA, a formal renunciation of previous citizenship is required.

*Children of migrants in Germany received the right to dual citizenship. They can retain citizenship of Germany and the country of their parents' origin even after reaching the age of 23. Previously, children of immigrants born in Germany had to choose between their German and their parents' citizenships when they turned 23.

Source: https://www.aif.ru/dontknows/eternal/v_chyom_raznica_mezhdu_vtorym_i_dvoynym_grazhdanstvom

EU CITIZENSHIP SECOND PASSPORT

DENIAL OF RESPONSIBILITY

Despite the fact that we constantly notify and remind our clients of the need to comply with the legislation of the Russian Federation or your country, and to submit information about second citizenship to government authorities, responsibility for these actions lies entirely with the person who received the second citizenship.

Legal DOES NOT TRANSFER OR REPORT data on your second citizenship to control authorities. Also, our company does not bear any responsibility for your refusal to report the necessary data to regulatory authorities.

Please comply with the laws of the Russian Federation and/or the country in which you live.

The rules for notification of second citizenship in the Russian Federation can be found below.

Notice of Dual Citizenship

According to the norms of Part 1 of Art. 6 Federal Law 05/31/2002 N 62-FZ dual citizenship in Russia The FMS (Federal Migration Service) recognizes that a Russian citizen has another citizenship.

This legislative act obliges persons who have acquired a second citizenship to report this fact to the relevant government authorities. Accepts notification of dual citizenship by the FMS .

Who can be a notifier?

According to domestic legislation, the following categories of persons can report the acquisition of a second citizenship by a Russian citizen:

  • A person who has a second citizenship.
  • A citizen who has a residence permit in a foreign country.
  • A person who holds a document for the right of permanent residence in a foreign country.
  • Legal representative of a minor with a second citizenship.
  • Legal representative of a person with limited legal capacity who has a second citizenship.

Who doesn't report a second citizenship?

Persons who have the status of Russian citizens and possess a second citizenship, but do not reside in the territory of the Russian Federation on a permanent basis, are exempt from the obligation to inform the migration service about the acquisition of a second citizenship.

In addition, in part 3, 4 art. 6 Federal Law No. 62-FZ dated 31.05.2002 establishes restrictions on the obligation to notify. Thus, in relation to certain categories of persons, a different procedure for reporting second citizenship may be established. A special procedure is regulated by international treaties of the Russian Federation or Russian Federal Laws.

Application for second citizenship

Obligation to report the acquisition of foreign citizenship

An application for dual citizenship is a legal document that confirms the fact that a citizen has applied to the Ministry of Internal Affairs to report the acquisition of dual citizenship or obtaining a residence permit in a foreign country.
Any capable citizen over 18 years of age is required to notify the relevant department of the Ministry of Internal Affairs about this fact.

If a person who has received dual citizenship is a minor, then notification actions become the responsibility of his legal representative.

The law applies similarly to representatives of incapacitated persons who have received dual citizenship.

Penalty for failure to comply with the obligation to submit an application for dual citizenship

Failure to notify of dual citizenship or failure to comply with notification standards may result in criminal or administrative penalties. The type of punishment is determined based on the severity of the act committed.

Punishment under criminal law

Persons who have not taken measures to apply for second citizenship are punished in accordance with the provisions of Art. 330.2 of the Criminal Code of the Russian Federation. They face a fine of up to 200,000 rubles. or a fine in the amount of the offender’s annual salary or other income.

There are also more severe penalties applied to violators of the notification order. It involves performing compulsory work for a total period of up to 400 hours.

Punishment under administrative law

Art. 19.8.3 of the Code of Administrative Offenses of the Russian Federation was introduced into the code through the adoption of the Law “On Amendments...” dated June 4, 2014 No. 142-FZ. It states that the penalty for violating the procedure for filing an application is a fine of up to 1,000 rubles.

Violation of the procedure for notifying government agencies can mean submitting documents late, as well as submitting incomplete or unreliable data to the migration service.

Who is not required to notify government agencies

Russians who do not permanently reside in the Russian Federation are exempt from the obligation to inform the Ministry of Internal Affairs about the acquisition of a second citizenship.

Persons in respect of whom the norms of international treaties of the Russian Federation or Russian federal laws apply, when acquiring a second citizenship, act in accordance with the norms of these normative acts.

Form for notification of dual citizenship for an adult/capable person

Such a form can be found in Appendix No. 1 to Order of the Federal Migration Service of the Russian Federation dated July 28, 2014 N 450.

In the document, the person notifying government authorities about obtaining a second citizenship notes the following information:

  • The name of the body to which the official notification is submitted and its structural unit.
  • Full name of the applicant.
  • Date and place of birth of the citizen.
  • Complete place of residence or stay.
  • Passport details. You should provide information from your Russian passport and from a document that identifies the foreign citizen.
  • Name of second citizenship.
  • Date and basis for acquiring second citizenship.
  • List of copies of documents attached to the notification.

Sample notification

Depending on the category of the appellant, there are forms for an adult or his authorized representative and a legal representative of a minor.

Sample notification form for dual citizenship:

  • adult citizen of the Russian Federation (word, PDF);
  • a representative of an adult citizen of the Russian Federation;
  • legal representative of a minor citizen of the Russian Federation.

The notification form can also be downloaded on the website of the Ministry of Internal Affairs of the Russian Federation or through the ConsultantPlus and Garant systems.

Filling out the form

Fill out the notification by hand or on the computer. Information that the applicant must provide:

  1. FULL NAME.
  2. Date and place of birth.
  3. Place of residence: address of permanent or temporary registration or (in rare cases) place of actual location.
  4. Series and number of an identity card, for example, a Russian passport.
  5. Name, series, number and date of issue of the document received in another country.
  6. The date and reason (reason) for which citizenship of another country was acquired or another status allowing permanent residence on its territory.

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The front side of the notification is filled out by the person applying to the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, the tear-off and back sides are filled out by a department employee. After filling out the form, the Ministry of Internal Affairs employee asks the applicant to sign the form and indicate the number of copies of documents attached to the notification.

Sample of filling out a notification of dual citizenship in Russia:

  • for an adult applicant (word);
  • for a minor or incompetent citizen of the Russian Federation.

An incorrectly filled out form will not be accepted - you will have to fill out a new one.

The main mistakes made when filling out the form:

  1. Blank lines. If there is no information to indicate in the column (for example, line No. 5 about the date of renewal of documents), the applicant writes “no”.
  2. Abbreviations and abbreviations. The data is entered completely.
  3. Grammatical errors.
  4. Corrections and strikethroughs.
  5. Factual errors: specifying incorrect data, using incorrect strings.
  6. Self-filling of the reverse side or tear-off part of the form.

Sample notification of dual citizenship. Procedure for filling out the document

The notification document consists of 3 parts. Information regarding the fact of acquiring a second citizenship is placed on the front and back of the sheet. The front side of the notice contains a tear-off portion.

The document can be filled out manually or using technical means. The information noted in the notification must be reflected in Russian. Individual columns can be filled in in Latin letters.

It is prohibited to indicate abbreviations and abbreviations in the document. Corrections or strikethroughs are not allowed in the document. All notification fields must be completed.

Types and forms

The Federal Migration Service of Russia currently has two application forms:

  • notification from a citizen of the Russian Federation about the presence of dual citizenship. At the same time, he must have confirmation of this fact: a permit for permanent residence in the host country, or a document granting the right of permanent residence in another state;
  • notifications from a citizen of the Russian Federation who has not reached 18 years of age or has limited legal capacity, about the availability of a permit for permanent residence in the country of residence, or a document granting the right of permanent residence abroad.

In the case of filing a notification under the second type, the paperwork is handled by the parents, guardians or official representatives of the incapacitated or minor citizen.

The document is drawn up in Russian, in writing by hand or using technical means. All columns and fields must be filled out, and abbreviations, abbreviations, blots, strikethroughs and corrections in the text are not allowed. It is allowed, if necessary, to use letters of the Latin alphabet.

All forms of notifications have a detachable part, which is evidence of the submission of information about the existing second citizenship. Copies of a passport of a citizen of the Russian Federation, a foreign passport and other documents confirming the fact of citizenship of another country must be attached to the application.

For categories of minors (incapacitated) citizens, there are additional requirements for the need to submit:

  • a document confirming the legal status of the representative;
  • birth certificate of a minor;
  • act of guardianship and guardianship authorities on the appointment of an official trustee (guardian, trustee).

For minor citizens under the age of 14, at the choice of a representative, documents that are determined by Presidential Decree regarding the protection of the rights of minors dated April 13, 2011 No. 444 may be attached to the notification.

Procedure for notification of dual citizenship: documentation

According to Part 7 of Art. 6 Federal Law dated May 31, 2002 N 62-FZ, the notifier must prepare the following documentation:

  • A copy of the passport of a Russian citizen.
  • A copy of the foreigner's identity document.
  • A copy of the foreign citizen's passport.
  • A copy of the document confirming permanent residence in Russia.

In addition, in accordance with Order of the Federal Migration Service of the Russian Federation dated July 28, 2014 N 450, the following is attached to the notification document submitted in relation to a minor or incompetent person:

  • Birth certificate of a child with a second citizenship.
  • The act of appointing a guardian.
  • The act of appointing a trustee.

If a legal representative submits a notification in relation to a child under 14 years of age, then he should have with him a document confirming that the child has Russian citizenship.

According to the Decree of the President of the Russian Federation of April 13, 2011 N 444, such documents are:

  • Foreign, diplomatic or service passport of the child.
  • Foreign, diplomatic or service passport of the parent.
  • Birth certificate and marks made on this document by competent foreign authorities.
  • A mark on the translation into Russian of a document issued by competent foreign authorities.
  • Insert for the child registration document issued by the competent foreign authorities.

Do you always need to notify?

According to the amendments to the Federal Law “On Citizenship of the Russian Federation” adopted on August 4, 2014, all Russians must report to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs about their acquired second citizenship or residence permit in another state.

In particular, the obligation to submit an application lies with:

  • persons who have become subjects of a foreign state;
  • people who have received the right of permanent residence or residence permit in another country;
  • representatives of a minor or incompetent person who has received a second citizenship.

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The application is submitted at the place of registration or stay.

Filing notification of dual citizenship

The citizen submits the required package of documents to the authorized FMS employee.

The official accepts the papers and fills out the necessary points of the notification. After this, the migration authority employee separates the tear-off sheet from the notification submitted by the person. This tear-off sheet is issued to the citizen. It confirms the fact of contacting the migration service with a notification.

Contents of the tear-off sheet

The following information is recorded on the tear-off sheet:

  • Full name of the person who has a second citizenship.
  • Information about the notifier's passport or residence permit.
  • Position and full name of the FMS employee who accepted the notification.
  • Date of document acceptance.
  • Personal signature of a civil servant.

After delivering the document, the citizen who applied to the migration authorities signs the notification point that he has received this tear-off sheet.

He will be required to indicate his full name, the date of receipt of the document, and also put a personal signature.

Receiving notifications of dual citizenship

FMS officials receiving notifications are responsible for verifying the accuracy of the data recorded in the notification.

Civil servants will have to make sure that the citizen has attached all the necessary copies of documents to the notification.

A migration service employee compares copies and original copies of papers and checks the consistency of citizens’ signatures. The FMS employee is engaged in filling out the detachable part of the notification submitted by the citizen.

The fact of receipt of the notification is confirmed by the signature of an official acting as an employee of the Federal Migration Service or postal service.

The signature confirming the acceptance of the document must be present on the notification form, as well as on its detachable part. In addition to the signature, there must be a seal of the branch of the migration authority or an imprint of the stamp of the post office that accepted the document for sending.

If the notice was sent by mail, then authorized employees must forward it to the specified address within 1 business day. The period begins to be calculated from the moment the notification is received from the citizen.

Liability for violation of the obligation to report second citizenship

Federal Law No. 142-FZ dated June 4, 2014 introduced a number of changes to regulations regarding the types of legal liability to which a violator of the obligation to notify migration authorities of dual citizenship is subject.

Administrative responsibility

Article 19.8.3 appeared in the Code of Administrative Offenses of the Russian Federation. This provision contains sanctions for committing actions that violate the procedure for filing a notification. This violation can be expressed as:

  1. Late submission of a document.
  2. Providing incomplete information in the notification.
  3. Providing knowingly false data.

These acts are punishable by a fine. The amount collected varies from 500 to 1,000 rubles.

Criminal liability

Article 330.2 was introduced into the Criminal Code of the Russian Federation, which provided for punishment for failure to report the acquisition of a second citizenship.

The Criminal Code provides for an alternative sanction that has 2 types of punishment.

Fine

In the absence of a notice, the person obliged to submit it may be required to pay a fine in the amount of:

  • from 200 thousand rubles;
  • in the amount of wages;
  • in the amount of other income.

The fine is collected from the income of violators received by them for a period of up to 1 year.

Mandatory work

A person found guilty of failure to provide notice may be punished with mandatory labor. The maximum period for performing such work should not exceed 400 hours.

Let's summarize. The procedure for submitting a notification to the migration service is quite simple and will not cause any particular difficulties for the citizen. For persons who have received citizenship of a foreign state, it is important to correctly fill out the notification and submit it to the Federal Migration Service within the period established by law. Notifiers who do not submit a document, submit it later than the regulated deadline, indicate incomplete or unreliable data, will be punished with penalties or mandatory work.

Source: https://sovetnik.consultant.ru/dvojnoe_grazhdanstvo/uvedomlenie_o_dvojnom_grazhdanstve_fms_forma_obrazec_skachat_blank/

Innings

According to the definition of Federal Law No. 142-FZ dated June 4, 2014, persons with Russian Federation citizenship who have one of the following documents are required to declare to the Federal Migration Service that they have a second citizenship:

  • Permanent residence permit in the host country;
  • a document confirming another citizenship;
  • a document giving the right to permanent residence in another state.

Persons residing abroad on a permanent basis are not required to notify the FMS. Only when they come to Russia.

Notifications must be submitted within 60 days. The period is calculated from the calendar date of receipt by a person of civil rights of another country, or a document confirming the right of permanent residence outside the borders of the Russian Federation. Persons who already had another citizenship at the time the new legislative act came into force are required to provide information no later than October 2, 2014.

It should be taken into account that the legislative framework does not clearly define the list of documents that have grounds to be provided as confirmation of a citizen’s right to permanent residence in another state. There is no such information in the comments to the published legislative acts. However, the law provides for the liability of persons for failure to submit notifications to the FMS within the established time frame.

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